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(영문) 부산지방법원 2013.06.27 2012고정6042

업무상배임

Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The summary of the facts charged is as follows: (a) Defendant A retired from the Republic of Korea after he/she had worked for about one year from the victim limited partnership company "G" to the date of April 1, 1996; (b) around April 1, 201 to the date of February 201; (c) Defendant B entered the victim company on May 10, 2008 to the victim company and entered the victim company as a managing director in charge of the supply customer business of alcoholic beverages; and (d) Defendant B entered the victim company on April 20, 201 to the victim company on April 20, 201; (c) Defendant C entered the bottom of the victim company on March 1, 2010 to take charge of the business and delivery of 30 customers from the date of their entry into the victim company; and (d) Defendant B entered the victim company on March 1, 201 to the delivery company; and (e) Defendant B entered the victim company on March 1, 2010.

Since Defendants made a commitment that they should not leak company information they acquired while employed in the victim company after becoming members of the victim company, they had a duty to withdraw and return important data such as trade secrets they acquired while in office and to not perform acts such as reproduction, storage, removal, etc. to use for other purposes.

Nevertheless, on May 9, 2012, the Defendants conspired to withdraw the victim company in consecutive order due to the violation of the above occupational duties, and established the "limited company I" as an imported alcoholic beverage retail company, which is identical to the business activities of the victim company, in Busan Shipping Daegu H, Busan, and used 100 alcoholic beverage suppliers information (trade name, contact address, location, sales status, etc.) about the victim company's major business or management assets, which were known to the victim company's employees, to change the victim company to the sales customer of alcoholic beverages without returning or destroying the information (trade name, contact address, sales status, etc.).